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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Cancelling A Teletext Holiday


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My daughter who is 17 and her friends decided to look into going on holiday in June when they are all 18. So they contacted teletext and enquired about a holiday for the 4 of them. The lady advised them that she could get them a all inclusive deal for 2 weeks in Salou. They could secure the booking with a £1.00. My daughter rang me and asked if she should go ahead and book it and I said as long as it was all in agreemnet then yes. So they went ahead and booked it.

 

When she got home from college she decided to have a look on the website at the hotel - to our horro the write ups on the hotel were appalling. There wasn't a nice thing to say about it. The site also indicated that there had been things stolen from the hotal and the food had been unfit to eat. After lengthy discussions my daughter decided to cancle the booking.

 

She contacted teletext and asked them to cancel it - the operator saiid she needed to ring back the next day and cancel it with a different department.

 

The very next day she rang the department concerned and after a lengthy discussion with the operator she told my daughter that the cancellation had to be in writing, sent recorded delivery and then they would cancel the holiday.

 

Then the bombshell was dropped - she told my daughter that she would have to pay £75.00 per person for cancelling the holiday. My daughter asked why and she was told it is in the terms and conditions of the agreement and the operator who booked you holiday would have told you this. She advised her that nothing had been mentioned about the cancellation fee of £75.00. After only 1 day she was being asked to pay £75.00.

 

After 2 weeks of waiting to find out if the holiday has been cancelled she rang teletext again - they told her because the letter had taken so long to get to them that they would be charging £75.00 per person. As her card id the card they used will it be taken from her?

 

I am incensed that a holiday compnay can charge £75.00 for cancelling a holiday 24 hours after it was booked. There was no other way they would accept the cancellation unless it was in writing. Can they accept a booking of 4 people aged 17? Why wasn't this explained to them on the phone that there was a cancellation fee?

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Hi laineynic,

 

Its standard with most tour operators that when they offer a low deposit, in the case of cancellation you must pay the full deposit. Check any brochure or website and you will find this. It is to entice you to book early.

 

You say that the terms were not explained to your daughter at the time of booking. If she 100% certain, she can request the call records to prove this.

 

Have a look at this thread started by mutley2007, I hope he does not mind me using it:

 

http://www.consumeractiongroup.co.uk/forum/holiday-companies/122894-cancellation-customer-going-court.html

 

It is a similar issue - T & C's not explained at time of booking. He got the result he was looking for.

 

As a side note, your daughter read some bad reviews about the hotel? No holiday company will allow cancellation without charges because of bad reviews.

 

Out of interest, can you post the name of the hotel?

Loubychew

 

I am not a travel lawyer. All info is based on my own experience of working in the travel industry in resort.

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Thanks for your posting - I understand what your saying but to be made to pay £75 after only 24 hours seems very harsh. Surely there must be some kind of cooling of period. What about the distanc selling laws?

 

At 17 is she legally allowed to ook a hiloday? The T&C'S weren't explaind to them, she has signed nothing. I understand that on friday they ill attempt to take £300 from her bank, even though she has told them that she hasn't the money.

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Hi again laineynic,

 

I've never heard of a cooling off period for holidays but if you check the link I gave you that should help a lot.

 

I don't think they have done anything wrong by booking the holiday, as they will all be 18 at the time of departure. What about 18-30 hols? They do it all the time. If she was not legally allowed then the agent would not have been able to go forward with the booking.

 

Remember, Teletext are only the booking agents. Its like going into a travel agent in the high street. They are booking holidays for Tour Operators such as First Choice, Thomson etc so they have to abide by the T & C's laid out by the particular operator.

 

As I said though, if the T & C's were not explained, this is your best bet based on Mutley's experience.

Loubychew

 

I am not a travel lawyer. All info is based on my own experience of working in the travel industry in resort.

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What about the distanc selling laws?

 

Holidays are exempt. There is no right of cancellation or cooling off period.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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I don't know why, I don't make the laws! It's probably to do with the nature of booking holidays - you can't have a 14 day cooling off period when you could have been on the holiday in that time.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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I have been on the OFT site and it doesnt mention that holidays are exempt from the ruling. If your not sure of the law why state it as being so?

 

I have read other comments fom previous postings and hey used that argument.

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I am sure of it, and I have never suggested otherwise.

 

The details are on the OFT website. The exceptions are, funnily enough, detailed on the 'exceptions' page.

 

The Office of Fair Trading: Exceptions to the regulations

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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To quote from OFT "the provisions do not apply to package travel"

 

laineynic, barracad is trying to help you and as a moderator of this forum I do not think for one minute that he would post without knowing the facts. No point going for the distance selling angle if it does not apply to your daughters case.

As I said before you have two options. Fight them on the lack of info at time of booking - like Mutley did or just take the holiday.

Loubychew

 

I am not a travel lawyer. All info is based on my own experience of working in the travel industry in resort.

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I asked baracuda a question which was "why are holidays eempt" he was the one who got on his high horse and said he didn'tmake the rules.

 

I am beginning to wonder wether this sie is as useful as it used to be. I seem to ask the wrong questions and get blasted. I am not an epert and I asked for advise. Instead I get an obnoixous reply.

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Having a bad day lainey? In response to barracad's reply you asked why they were exempt and his response was simply that he didn't know as he didn't make the laws. You then came back and said "If your not sure of the law why state it as being so?" Barracad did not state that he wasn't sure of the law only that he didn't know why the powers that be exempted them. I think you have misinterpreted things. Go and put the kettle on and have a nice cuppa :)

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Well holidays are exempt - that is the information you were looking for, is it not? As for why a particular law exists then that would not be the kind of thing you can expect to find an answer to here as this would be down to the people who put such laws in place.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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laineynic

 

We have answered your questions the best we can. In all honesty, the only obnoxious reply has been posted by yourself.

Perhaps you need a specialist in travel law to help you further.

 

I wish you and your daughter good luck in finding a resolution.

Loubychew

 

I am not a travel lawyer. All info is based on my own experience of working in the travel industry in resort.

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  • 1 month later...

Just thought i'd update on the latest from the Sun4U saga - we have been in constant contact with the holiday company to have the £75 per person penatly stopped and have got no where. Yesterday we received a letter giving the girls 48 hours to pay the £475 each.

 

We have advised them that they did not advise the girls at anytime of the cancellation penalty. There response was we don't have the time to read out the terms and conditions over te phone. They have now stopped responding to any emails we have sent and the customer services advisor I have been dealing with won't give me details of someone more senior.

 

It seems that many others are falling into the same thing. I just wonder why this is not regulated better. Surely you should be able to change your mind without being penalised especially after only 4 hours.

 

I am completely stumped - it looks like holding out and not paying the £75 has put the girls in a position of having to pay for a holiday that they won't be taking.

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I'm not saying this would be the correct answer, but have you requested new card details for your DD? I assume the attempted transaction was declined. £75 PP is a joke if you ask me.

 

What do they threaten should they not pay? Could anybody tell me if this is liable for court action? (not that I think they'd bother) only, if they did, the T&C's bit would be on your side, would it not?

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  • 2 weeks later...

On the 14th April I spoke my daughters friends mum contacted customer services to sort out changing the holiday. Despite being promised that they would move it foc, the told her there would be a charge per person. We even had the persons name who told us she would move it free of charge. After a 15 minute debate we decided that we would give in and pay the £75 charge and use another holiday company. We gave in and asked how to pay. We were told to put it in a email and someone would get back to us with what we need to pay to cancel the holiday.

 

11 days later - no email, no response to the email and the demand letters have stopped. Could it be that they have finally given in? or is this the lull before a storm.

 

I would never ever use Sun4u.com ever again.

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  • 2 weeks later...

 

We have advised them that they did not advise the girls at anytime of the cancellation penalty. There response was we don't have the time to read out the terms and conditions over te phone.

 

Isn't that the get-out for you. Was that said in an e-mail? Isn't it the case that the contract isn't binding until you receive the written t & C. Think of any only purchases. You always have to tick the T & C box.

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Yes I am using this against them. Still no response from anyone regarding the cancellation penalty. I have contacted them, and one of the other mums has been in rouch and the correspondnce from them has stopped. No threatening letters or any thing now. I have enough emails from them admitting that they don'r give t&c's over the phone.

 

Thanks bribri

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